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0tate  of  Kljobe  lalanb  anb  JJvotjibence  |3lantatiott0. 


JANUARY  SESSION,  1912. 


CHAPTER  825. 


AN  ACT  TO  CREATE  AND  ESTABLISH  A BOARD  OF  CON- 
TROL AND  SUPPLY,  AND  TO  PROVIDE  FOR  THE  REGU- 
LATION AND  CONTROL  OF  STATE  INSTITUTIONS. 

It  is  enacted  by  the  General  Assembly  as  follows: 

Section  1.  Appointment  and  Term  of  Office. 
— There  shall  be  a board  of  control  and  supply,  here- 
inafter called  the  board,  which  shall  be  vested  with 
and  possessed  of  the  powers  and  duties  specified  in 
this  act.  Said  board  shall  be  constituted  of  five 
members  who  shall  be  duly  qualified  electors  of  this 
state  and  who  shall  be  severally  sworn  to  the  faithful 
performance  of  their  duties  and  who  shall  hold  office 
for  the  terms  of  their  appointment  or  until  their 
successors  respectively  shall  be  appointed  and  quali- 
fied to  act.  Within  ten  days  after  the  passage  of 
this  act,  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  shall  appoint  five  such  persons 
to  be  members  of  the  board,  one  to  hold  office  until 
the  first  day  of  February,  A.  D.  1917,  one  to  hold 
office  until  the  first  day  of  February,  A.  D.  1916,  one 
to  hold  office  until  the  first  day  of  February,  A.  D. 
1915,  one  to  hold  office  until  the  first  day  of  February, 
A.  D.  1914,  one  to  hold  office  until  the  first  day  of 
February,  A.  D.  1913,  and  in  the  month  of  January, 
A.  D.  1913,  and  in  the  month  of  January  in  each  year 
thereafter,  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  shall  appoint  one  member  of 


Approved 
April  29,  1912. 


Board  of  con- 
trol and  supply 
to  consist  of 
five  members 
appointed  by 
the  governor. 


Terms  of  first 
appointees. 


2 


JANUARY,  1912. 


Members  sub- 
sequently 
appointed  to 
hold  office  for 
five  years. 


Governor  to 

designate 

chairman. 


Board  to  elect 
a member 
secretary. 


Salary  of 
chairman  and 
secretary, 
$3,000  each. 


Other  members, 
$2,000  each. 


For  clerical 
assistance  and 
expenses, 
$3,000  annu- 
ally. 


said  board  to  hold  office  until  the  first  day  of  February 
in  the  fifth  year  after  his  appointment,  to  succeed 
the  member  whose  term  will  next  expire.  The  gov- 
ernor shall  designate  one  of  the  commission  ap- 
pointed by  him  as  chairman  of  said  commxission,  and 
thereafter  the  commissioners  shall  elect  one  of  their 
members  as  chairman  upon  the  appointment  of  any 
commissioner  for  a new  term,  or  whenever  a vacancy 
shall  occur  in  said  office.  The  board  shall  appoint 
one  of  its  members  to  act  as  secretary  to  the  board, 
whose  duty  it  shall  be  to  keep  a true  record  of  all  the 
proceedings  of  the  board,  and  he  shall  have  the 
custody  and  preservation  of  all  the  documents  at  the 
office  of  the  board,  and  have  general  charge  of  the 
office  of  the  board,  superintend  the  clerical  business 
thereof,  and  perform  such  other  duties  as  the  board 
may  prescribe. 

Sec.  2.  Qualifications  and  Salaries.  — The 
chairman  of  the  board  shall  receive  in  full  compensa- 
tion for  his  services  an  annual  salary  of  three  thou- 
sand dollars,  and  the  secretary  shall  receive  in  full 
compensation  for  his  services  an  annual  salary  of 
three  thousand  dollars,  and  the  other  members  of  the 
commission  shall  receive  in  full  compensation  for 
their  services  an  annual  salary  of  two  thousand 
dollars,  and  the  sum  of  fourteen  thousand  dollars  is 
hereby  annually  appropriated  for  such  purpose. 
Said  board  shall  be  allowed  for  the  payment  of  such 
clerical  and  other  assistance  as  may  be  from  time  to 
time  required,  and  for  office  expenses  and  other  actual 
expenses  incurred  in  the  performance  of  its  duties, 
and  in  carrying  out  the  provisions  of  this  act  the  sum 
of  three  thousand  dollars  annually,  or  so  much  thereof 
as  may  be  necessary,  which  sum  is  hereby  annually 
appropriated  for  said  purpose.  The  state  auditor 
is  hereby  directed  to  draw  his  orders  upon  the  general 


m PI.  s ai 


JANUARY,  1912. 


3 


treasurer  from  time  to  time  for  the  payment  of  the 
salaries  of  the  members  of  said  board,  and  for  the 
payment  of  such  clerical  assistance  and  of  such  office 
and  other  expenses  upon  vouchers  approved  by  the 
chairman  of  said  commission. 

Sec.  3.  Bond. — Each  member  of  the  board  shall 
before  entering  upon  the  duties  of  his  office,  give 
bond  to  the  state,  with  sufficient  sureties  to  the 
satisfaction  of  the  state  treasurer,  in  the  sum  of  five 
thousand  dollars  for  the  true  and  faithful  discharge 
of  the  duties  of  his  office,  which  bond  shall  be  de- 
posited with  and  kept  by  the  secretary  of  state. 

Sec.  4.  Removal. — Any  misconduct  in  office  or 
neglect  of  duty  by  any  member  of  the  board  shall 
constitute  sufficient  cause  for  his  removal  and  said 
members  of  the  board  or  any  of  them  may  be  removed 
by  the  governor,  for  cause  shown,  with  the  advice 
jid  consent  of  the  senate. 

Sec.  5.  Vacancies. — Any  vacancy  which  may 
>ccur  in  said  board  from  any  cause  whatsoever,  when 
he  senate  is  not  in  session,  shall  be  filled  by  the 
governor  until  the  next  session  thereof,  when  the 
governor  shall,  by  and  with  the  advice  and  consent  of 
the  senate,  appoint  some  person  to  fill  such  vacancy 
for  the  remainder  of  the  term. 

Sec.  6.  Office  and  Records. — The  state  house 
commission  shall  furnish  the  board  an  office  or  offices 
in  the  state  house  in  which  its  business  shall  be  trans- 
acted and  where  all  its  records  shall  be  kept.  The 
board  shall  have  a seal,  which  shall  have  engraved 
thereon  the  words.  Board  of  Control  and  Supply, 
State  of  Rhode  Island  and  Providence  Plantations. 

Sec.  7.  Organization. — A majority  of  the  board 
shall  constitute  a quorum  for  the  transaction  of  any 
business,  for  the  performance  of  any  duty,  or  for  the 
exercise  of  any  power  of  the  board. 


Members  to 
give  bond  in 
sum  of  $5,000. 


Members  may 
be  removed  by 
governor,  with 
consent  of 
senate,  for 
misconduct. 


Vacancies  on 
board, 
how  filled. 


Board  to  have 
office  in  state 
house,  and  seal. 


Majority  of 
members  a 
quorum. 


4 


JANUARY,  1912. 


Board  may 
employ  assist- 
ance and 
determine 
compensation. 


Board  to  pur- 
chase supplies 
and  contract 
for  repairs  at 
state  institu- 
tions in 
Cranston, 
state  home  and 
school,  institute 
for  deaf,  and 
school  for 
feeble-minded. 


Procedure  in 
case  of  supplies 
less  than  $500 
in  value  or 
repairs  costing 
less  than  $250. 


Sec.  8.  Clerks,  Employees. — The  board  may 
employ  such  clerks,  accountants,  stenographers,  and 
agents  as  it  may  require  to  carry  out  the  purposes  of 
this  act,  and  may  determine  their  compensation 
which  shall  be  paid  out  of  the  fund  appropriated  for 
the  use  of  the  commission  by  Section  2 of  this  act. 

Sec.  9.  Control  Over  Purchases,  Repairs  and 
Alterations. — The  board  shall,  in  the  manner  here- 
after provided,  purchase,  and  make  all  contracts  for 
the  purchase  of,  the  supplies  and  materials  for  the 
use  at  the  state  farm  in  Cranston,  of  the  state  work 
house  and  house  of  correction,  the  state  asylum  for 
the  incurable  insane  and  state  almshouse  thereon, 
the  state  prison  and  the  jail  in  the  county  of  Provi- 
dence, the  state  reform  school,  the  state  sanatorium, 
the  state  home  and  school  for  children,  the  Rhode 
Island  institute  for  the  deaf,  and  the  Rhode  Island 
school  for  feeble-minded,  and  shall  have  the  entire 
supervision  and  control  over,  and  make  all  contracts 
for  repairs,  alterations  and  improvements,  and  all 
work  done,  and  expenses  incurred  in  and  about  the 
grounds  and  buildings  of  such  institutions,  including 
the  furnishing  and  refurnishing  of  the  same:  Pro- 
vided, that  the  board  from  time  to  time,  under  such 
rules  and  regulations  as  it  may  make,  may  authorize 
the  board,  commission  or  officer  having  charge  of  any 
of  the  said  institutions,  to  purchase  for  the  use  of  said 
institution,  materials  and  supplies  to  an  amount  of 
not  exceeding  five  hundred  dollars  at  any  one  time, 
and  to  make  necessary  repairs  at  such  institution  at  a 
cost  of  not  exceeding  two  hundred  and  fifty  dollars 
at  any  one  time,  but  no  warrant  shall  be  drawn  by 
the  state  auditor  on  the  general  treasurer  for  payment 
of  such  supplies  or  materials,  or  the  cost  of  such 
repairs  unless  a proper  voucher  for  the  same  has  been 
allowed  by  the  board:  Provided,  further,  that  all 


JANUARY,  1912. 


5 


purchases  of  school  books  and  school  apparatus  for 
the  use  at  the  state  home  and  school  for  children, 
the  Rhode  Island  institute  for  the  deaf,  and  the 
Rhode  Island  school  for  feeble-minded,  shall  continue 
to  be  made  as  heretofore  and  shall  not  be  made  by 
the  board. 

Sec.  10.  Construction  and  Equipment. — The 
board  shall  have  the  supervision  and  control  of  and 
make  all  contracts  for,  the  construction,  equipment 
and  furnishing  of  all  buildings,  at  the  institutions 
specified  in  Section  9 of  this  act,  which  now  are,  or 
hereafter  may  be,  authorized  to  be  built  and  may 
employ  competent  architects  to  prepare  plans  for  the 
construction  and  equipment  of  such  buildings. 

Sec.  11.  Bids. — It  shall  be  the  duty  of  the  board 
relative  to  all  the  purchases  and  contracts  which  it  is 
authorized  to  make  by  the  provisions  of  Section  9 and 
10  of  this  act,  to  advertise  for  bids  or  proposals  in  such 
newspapers  published  in  the  city  of  Providence  as  the 
said  board  may  in  its  discretion  determine,  and  to  let 
to  the  lowest  competent  and  responsible  bidders  who 
will  give  adequate  security  satisfactory  to  the  board 
for  the  performance  of  their  contracts,  all  purchases 
and  contracts  which  the  board  is  authorized  to  make 
by  the  provisions  of  Section  9 of  this  act,  unless  the 
board  by  a two-thirds  vote  of  the  whole  number  of 
the  members  thereof  in  any  case  determine  that  it  is 
impracticable  to  procure  supplies,  materials,  or  work 
as  a result  of  competition,  or  that  the  best  interests  of 
the  state  require  that  the  supplies  or  materials,  or 
work  be  procured  or  effected  in  some  other  manner. 

Sec.  12.  Specifications. — Specifications  for  the 
furnishing  of  any  materials  or  supplies  or  for  the 
performance  of  any  work,  or  for  the  making  of  any 
repairs,  alterations  or  improvements,  or  for  the  con- 
struction, equipment  or  furnishing  of  any  building. 


Purchases  of 
school  books 
not  to  be  made 
by  board. 


Board  to  have 
charge  of  con- 
struction and 
furnishing  of 
buildings  for 
said 

institutions. 


Board  to 
advertise  for 
bids  and  let 
contracts  to 
lowest  bidders. 


Bids  may  be 
omitted  in 
certain  cases. 


Board  to  pre- 
pare specifica- 
tions of  work 
or  repairs. 


6 


JANUARY,  1912. 


Sealed  bids 
to  be  sub- 
mitted and 
opened  in 
public  at  time 
specified  in 
notice  adver- 
tised by  board. 


/ 


under  the  provisions  of  this  act,  shall  be  prepared  and 
set  forth  with  sufficient  detail  to  inform  all  persons 
proposing  to  bid  therefor  of  the  nature  of  the  work 
to  be  done  and  of  the  materials  and  supplies  to  be 
furnished  or  repairs,  alterations  or  improvements  to 
be  made,  or  of  the  construction,  equipment,  or  fur- 
nishing of  any  building,  and  written  or  printed  copies 
thereof  shall  be  delivered  to  all  applicants  therefor. 
All  other  requisite  plans  and  specifications  for  sup- 
plies, materials  or  work  shall  be  prepared  by  the 
board. 

Sec.  13.  Opening  Bids. — All  bids  required  by 
this  act  shall  be  submitted  in  sealed  envelopes  or 
wrappers,  which  shall  have  endorsed  thereon  the 
title  of  the  supplies,  materials,  work,  construction, 
equipment  or  furnishing  to  which  such  bids  relate. 
Said  board  may  by  giving  notice  thereof  in  said 
advertisement  require  every  bidder  to  furnish  with 
his  bid  a certified  check  or  a satisfactory  bond  of  a 
specified  amount  to  secure  the  execution  and  delivery 
by  him  of  his  contract  in  writing  in  due  form  and  any 
relevant  bond  required,  if  his  bid  is  accepted  by  said 
board.  All  such  bids  with  any  such  checks  or  bonds 
required  shall  be  presented  to  said  board  at  the  place 
and  time  of  their  meeting  as  advertised  for  the  re- 
ceipt of  the  same,  or  may  be  theretofore  filed  with 
such  person  at  such  place  as  authorized  by  said  board 
in  such  advertisement.  At  the  time  and  place 
specified  in  their  advertisement  for  holding  such 
meetings,  it  shall  be  the  duty  of  said  board  to  be 
present,  and  such  meeting  for  the  reception  and 
opening  of  bids  shall  be  promptly  held  at  the  adver- 
tised time,  whether  or  not  a majority  of  said  board 
is  present,  and  shall  be  open  to  the  public,  and  the 
time  for  presenting  bids  shall  end  at  the  expiration  of 
fifteen  minutes  after  such  stated  time  of  such  meet- 


JANUARY,  1912. 


7 


ing,  and  thereupon  the  bids  shall  be  opened  by  some 
member  of  said  board  in  the  presence  of  the  bidders 
and  other  persons  there  present,  and  publicly  read. 
Said  board  may  reject  any  or  all  such  bids  or  pro- 
posals. An  abstract  of  all  such  bids  with  the  prices 
shall  be  made  and  preserved  in  a book  to  be  kept  for 
that  purpose.  All  contracts  and  purchases  shall  be 
made  or  evidenced  in  writing,  and  in  such  form  as 
shall  be  approved  by  the  attorney  general.  When 
required  by  said  board  each  such  contract  shall  be 
accompanied  by  a bond  of  such  amount  and  with  such 
surety  as  satisfactory  to  said  board,  to  secure  the 
performance  of  the  contract  and  to  contain  such  other 
provisions  as  shall  be  satisfactory  to  said  board. 

Sec.  14.  Failure  of  Contractor  to  Conform 
TO  Contract. — If  the  supplies  and  materials  are  not 
up  to  the  standard  required,  upon  inspection  thereof 
by  one  of  the  members  of  the  board  designated  to 
make  such  inspection,  and  the  contractor  shall  fail 
to  exchange  them  for  articles  that  meet  the  require- 
ments prescribed,  the  board  may  go  into  the  open 
market  and  purchase  supplies  or  materials  to  take 
the  place  of  those  adjudged  to  be  of  inferior  quality 
and  deduct  the  expense  from  the  amount  due  him 
from  the  state,  or  if  the  amount  due  said  contractor 
be  not  sufficient  to  pay  for  the  supplies  or  materials 
purchased  the  attorney  general  shall  in  the  name  of 
the  state,  bring  an  action  against  the  contractor  and 
his  sureties  to  recover  said  amount. 

Sec.  15.  Payment. — The  cost,  price  or  considera- 
tion of  each  contract  or  purchase  shall  be  charged  to 
and  paid  from  any  special  appropriation  therefor,  or 
if  none,  shall  be  charged  to  and  paid  from  the  appro- 
priate appropriation  for  the  institution,  or  state 
department  for  which  the  supplies  or  materials  were 
furnished,  or  the  work  performed  or  the  expense 


Any  and  all 
bids  may  be 
rejected. 


Contracts  to  be 
in  writing  and 
bond  may  be 
required  by 
board. 


Procedure  in 
case  contractor 
fails  to  carry 
out  contract. 


Cost  of  pur- 
chase or  work 
to  be  pxid  for 
from  the 
appropriation 
therefor  upon 
vouchers 
approved  by 
the  board. 


8 


JANUARY,  1912. 


Board  to 
appoint  a dis- 
bursing agent 
at  state 
institutions  in 
Cranston. 


Board  to 
appoint  dis- 
bursing agent 
at  other 
institutions. 


Board  to  pro- 
vide uniform 
system  of 
accounting. 


incurred  or  the  repairs,  alterations  or  improvements 
made,  or  for  which  the  building  was  constructed,  or 
equipment  or  furnishings  provided,  and  no  payment 
shall  be  made  except  on  vouchers  approved  by  the 
board  and  signed  by  the  chairman  and  countersigned 
by  the  secretary  thereof. 

Sec.  16.  Disbursing  Agent. — The  board  shall 
appoint  one  disbursing  agent  for  the  state  farm  in 
Cranston,  the  state  work  house  and  house  of  cor- 
rection, the  state  asylum  for  the  incurable  insane, 
and  the  state  almshouse  thereon,  the  state  prison, 
and  the  jail  in  the  county  of  Providence,  and  the 
state  reform  school.  Such  disbursing  agent  shall 
receive  from  the  contractor  the  supplies  and  materials 
called  for  by  the  contract,  and  shall  deliver  to  the 
contractor  a receipt  in  detail  for  the  same  and  im- 
mediately forward  a duplicate  receipt  to  the  board; 
he  shall  have  the  custody  of  the  supplies  and  shall 
provide  for  the  proper  storage  of  the  same  and  shall 
be  held  responsible  for  their  safe  keeping,  and  shall 
disburse  the  same  when  needed  for  use  at  the  several 
institutions  hereinbefore  specified. 

Sec.  17.  Disbursing  Officer. — The  board  shall 
appoint  one  disbursing  agent  each  at  the  state  sana- 
torium, the  state  home  and  school  for  children,  the 
Rhode  Island  institute  for  the  deaf,  and  the  Rhode 
Island  school  for  feeble-minded,  whose  duties  shall 
be  the  same  as  those  of  the  disbursing  agent  specified 
in  Section  16  of  this  act. 

Sec.  18.  Accounts  and  Requisitions. — The 
board  shall  provide,  install  and  supervise,  a proper 
and  uniform  system  of  accounting  at  each  of  the 
institutions  and  departments  specified  in  Section  9 
of  this  act;  shall  provide  for  the  form  of  requisitions 
and  receipts  to  be  used;  shall  appoint  the  proper 
person  or  persons  at  each  institution  to  keep  such 


JANUARY,  1912. 


9 


accounts,  and  shall  appoint  the  proper  person  at  each 
institution  to  make  requisition  on  the  board  for 
supplies  and  materials. 

Sec.  19.  Examination  of  Books  and  Accounts. 
— It  shall  be  the  duty  of  the  board  to  examine  or 
cause  to  be  examined  the  books  and  acounts  of  such 
institutions  at  least  once  in  six  months  and  as  often 
as  may  be  deemed  necessary.  The  officers  of  such 
institutions  must  without  delay  produce  all  books, 
accounts,  and  papers  in  their  respective  offices  and 
must  furnish  upon  demand  the  information  touching 
books,  papers  and  other  matters  pertaining  to  their 
respective  offices. 

Sec.  20.  Any  state  officer,  board  or  commission 
authorized  by  any  general  or  special  law,  or  by 
resolution  of  the  general  assembly  to  purchase  furni- 
ture, fixtures,  coal,  lumber,  paints,  oil,  building 
materials,  or  any  other  staple  article  of  merchandise 
not  of  a perishable  nature,  shall,  if  such  purchase  will 
probably  exceed  in  value  the  sum  of  five  hundred 
dollars  at  any  one  time,  or  contract  therefor  can  be 
made  to  an  amount  not  less  than  five  hundred  dollars, 
send  a requisition  to  the  secretary  of  the  board  for 
the  articles  or  materials  desired,  and  thereupon  the 
board  shall  determine  whether  or  not  it  will  supply 
such  articles  or  materials,  and  within  ten  days  from 
the  date  of  the  receipt  of  such  requisition  shall  notify 
such  officer,  board,  or  commission  of  its  determina- 
tion. If  the  board  determines  that  it  will  not  furnish 
such  articles  or  materials,  then  such  officer,  board  or 
commission  shall  proceed  to  purchase  such  articles 
or  materials,  as  if  such  requisition  had  not  been 
made,  but  if  the  board  determine  to  furnish  such 
articles  or  materials,  then  it  shall  proceed  to  furnish 
them  under  the  provisions  of  this  act,  and  shall  furnish 


Board  to 
examine  books 
and  accounts 
from  time  to 
time. 


Board  may 
make  other 
purchases 
required  by 
state  board 
officers  and 
commissions  in 
excess  of  $500 
at  any  one 
time. 


10 


JANUARY,  1912. 


Board  to  have 
control  of  labor 
of  inmates  and 
prisoners  con- 
fined in  state 
institutions  at 
Cranston. 


them  to  the  board,  officer  or  commission  making  the 
requisition  according  to  the  directions  accompanying 
the  requisition.  The  board  shall  have  power  to  make 
rules  and  regulations  governing  its  practice  under 
this  section  respecting  receipts  for  the  delivery  of  the 
articles  or  materials,  the  approval  of  vouchers,  and 
the  payment  for  such  articles  and  materials  from  the 
appropriation  under  which  they  are  purchased,  and 
shall  notify  the  state  auditor  of  such  rules  and  regu- 
lations. The  provisions  of  this  section  shall  be  in 
addition  to  the  authority  given  by  this  act  for  the 
purchase  of  materials  and  supplies  and  contract  for 
work  to  be  done,  for  the  institutions  described  in 
Section  9,  and  shall  not  apply  to  such  institutions. 

Sec.  21.  All  the  power  and  authority  now  vested 
in,  and  exercised  by,  the  board  of  state  charities  and 
corrections  over  the  labor  of  prisoners  and  other 
inmates  of  the  institutions  now  under  the  control  and 
management  of  the  board  of  state  charities  and  cor- 
rections are  hereby  transferred  to  and  vested  in  the 
board  created  by  this  act,  with  power  in  said  board 
to  sell  the  products  of  such  institutions  and  make 
such  contract  respecting  the  labor  of  the  prisoners 
and  inmates  of  such  institutions  as  said  board  may 
deem  proper,  and  all  orders,  agreements  and  con- 
tracts made  by  said  board  with  respect  to  said  labor 
shall  be  observed  and  obeyed  by  the  officers  in  charge 
of  the  prisoners  and  other  inmates  of  such  institu- 
tions. For  the  purpose  of  the  performance  of  their 
duties  under  this  act  the  members  of  the  board  shall 
have  all  the  powers  and  privileges  conferred  upon  and 
enjoyed  by  the  members  of  the  state  board  of  chari- 
ties and  corrections  under  the  provisions  of  Chapter 
360  of  the  General  Laws,  and  any  acts  in  amendment 
thereof,  of  visiting  such  institutions  and  conferring 
with  the  prisoners  and  inmates  therein. 


JANUARY,  1912. 


11 


Sec.  22.  All  acts  or  parts  of  acts  which  are  in- 
consistent with  the  provisions  of  this  act  are  hereby 
repealed. 

Sec.  23.  Nothing  in  this  act  contained  shall  refer 
to  or  affect  the  powers  and  duties  of  the  state  house 
commission. 

Sec.  24.  This  act  shall  take  effect  upon  its  pas- 
sage. 

Attest:  A true  copy, 


Acts  inconsis- 
tent herewith, 
repealed. 


Act  not  to 
affect  state 
house 

commission. 


Secretary  of  State. 


